To accelerate the deployment of gigabit network infrastructure across Europe, the Council adopted its common position (general approach) on the Commission proposal to replace the 2014 broadband cost-reducing directive (BCRD) by the gigabit infrastructure act (GIA).
GIA is an essential piece of legislation to achieve Europe’s connectivity objectives and targets as set out in the EU’s digital compass for this decade, the so-called ‘Digital decade policy programme’, adopted by the co-legislators last year, and to deploy the next generation electronic communications networks in the EU.
“With this decision, we took an important step in accelerating the deployment of high-speed broadband infrastructure across the EU. Once the new rules are adopted and put in force, we will be able to effectively respond to our citizens’ and businesses’ ever-increasing need to access networks with much higher capacity than today.”
María González Veracruz, Spanish Secretary of state for telecommunications and digital infrastructures
Main objectives of the proposal
The Commission proposal aims to lower the unnecessarily high costs of the electronic communication infrastructure deployment, partially caused by the permit-granting procedures before deploying or upgrading the networks. These procedures are still complex, sometimes lengthy, and different across member states.
The proposal also aims to speed up the deployment of the networks, provide legal certainty and transparency for all economic actors involved, and provide for more efficient planning and deployment processes for operators of public electronic communications networks.
This proposal of minimum harmonisation nature also addresses deployment and access to in-building physical infrastructure. It is expected to facilitate cross-border applications and to allow stakeholders, electronic communications operators, equipment manufacturers or civil engineering companies, to achieve better economies of scale.
The Council’s amendments
The Council’s common positions maintains the general thrust of the Commission proposal. However, based on numerous requests by member states, the Council amended some aspects of the proposal, as follows:
- the notion of ‘tacit approval’ was deleted
- an exception for a transitional period for smaller municipalities was included
- the factors when calculating fair conditions for access were clarified
- it was also clarified that not only fibre can be used to reach very high capacity
- a number of carve-outs for critical national infrastructure were included in the text.
The text of the Council’s position ensures overall that member states have a wide autonomy in issuing more detailed rules and can go further on several important elements of this new regulation establishing a minimum harmonisation on measures to reduce the cost of gigabit electronic communications networks.
